Actions in Respect of Mental Health
Nature of action | Time Limit Period | Legislation | Provision |
Appeal to Mental Health Court against decision of the Mental Health Review Tribunal. | 60 days after appellant receives written notice of the Tribunal’s decision. |
s 541 Mental Health Act 2016 (Qld) |
(2)(b) The notice of appeal must be filed within 60 days from receiving written notice of the decision
(3) The Mental Health Court may, at any time, extend the time for filing the notice of appeal. (4) Must be in approved form and state the grounds of the appeal and facts relied on. |
Appeal to the Mental Health Review Tribunal from a decision of the administrator of an authorised mental health service to refuse to allow a person to visit a patient in the health service. | The notice of appeal must be given within 28 days after the appellant receives notice of the decision of the administrator of the authorised mental health service. | s 534 Mental Health Act 2016 (Qld) | The tribunal may, at any time, extend the time for giving the notice of appeal (s 534(3)). |
Proceedings for an offence against the Mental Health Act 2000 (Qld). | Proceeding must start within 1 year of the commission of the offence.
OR within 1 year after offence comes to the complainant’s knowledge, but within 2 years after commission of offence. |
s 635 Mental Health Act 2016 (Qld) |